Ensuring utmost transparency ‒ Free Software and Open Standards under the Rules of Procedure of the European Parliament

Autori

  • Carlo Piana Partner, Array (http://array.eu)
  • Ulf Öberg Advokatfirman Öberg & Associés AB
  • Douwe Korff Oxford Martin School of the University of Oxford

Parole chiave:

Law, information technology, Free and Open Source Software, European Public Law,

Abstract

Going beyond the constitutional requirement of openness laid down by the Treaties, the European Parliament has imposed upon itself a further commitment to conduct its activities with the utmost transparency. Our study suggests that ensuring this "utmost transparency" is not only an essential procedural requirement but actually a fundamental democratic principle which brings precise duties. Thus, the principle of openness should guide Parliament's choices of IT hardware and software systems and, as technology evolves, these choices should be continuously and pro-actively reassessed. By its own standard, Parliament should choose the systems and technologies that are the most open and the most accessible to the public. We conclude that the Rules of Procedure of the European Parliament should whenever possible make Free Software and Open Standards mandatory for all systems and data used for the work of Parliament. In our view, that is the most appropriate way for the Parliament to meet its own standard of "utmost transparency".

Biografie autore

  • Carlo Piana, Partner, Array (http://array.eu)
    Independent lawyer specialising in Information Technology and Telecommunication Law and Free Software Advocate. Started by using GNU/Linux and became intrigued by the legal and philosophical implications of it. Serves as Counsel to the Free Software Foundation Europe and advises projects and companies active in Free and Open Source Software. Based in Milan, he has accumulated experience for nearly 20 years in the IT legal consulting sector, in a medium-sized firm, as name partner in a boutique firm and now in a solo practice entirely dedicated to IT. He has been involved in the largest antitrust litigation in Europe which led to the disclosure of secret protocols in the Workgroup Server area, and was called to the Board of the Protocol Freedom Information Foundation which he presides.
  • Ulf Öberg, Advokatfirman Öberg & Associés AB
    Ulf Öberg is Founder and Managing Partner of the law firm Öberg & Associés. He is specialised in EU and Competition law and has extensive trial experience before the EU Courts, Swedish courts and European Court of Human Rights.
  • Douwe Korff, Oxford Martin School of the University of Oxford
    Professor Douwe Korff is an Associate of the Oxford Martin School of the University of Oxford and a member of the cybersecurity working group of its Global Cybersecurity Capacity Centre; a Visiting Fellow at Yale University (in its Information Society Project); and a Fellow of the Centre for Internet & Human Rights of the European University Viadrina in Berlin.

Pubblicato

2014-12-26

Fascicolo

Sezione

Articles

Come citare

Ensuring utmost transparency ‒ Free Software and Open Standards under the Rules of Procedure of the European Parliament. (2014). Journal of Open Law, Technology & Society, 6(1), 11-50. https://www.jolts.world/index.php/jolts/article/view/105